Legal Question in Landlord & Tenant Law in New Jersey

Lease on my NJ condo ran from Apr., 2014 to March, 2015 during which time condo was sold 2x and have been on month to month since. New mgmt. company wants a new yearly lease commencing 11/1/15 through 10/31/16 along with a rent increase of $150/month. I don't object to the increase as much as the lease term. I've asked for it to remain either month to month or ending March 31, 2016 and have been refused. Is there any recourse to keeping the term end as it was when I first rented? Due to a number of significant deficiencies in the unit and a plan to buy a home, I am not willing to be obligated to another full year. I have continued to pay rent in the original amount.


Asked on 11/04/15, 9:44 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Provided that you have done nothing inconsistent, you are entitled to take the position that your old lease renewed for one year for a term ending on March 2016. The NJ Anti-Eviction Act and surrounding law requires that the landlord present the tenant with a new lease containing only reasonable changes before the end of the prior term. Lacking that, the tenant can generally treat the continued tenancy as an extension for another term or as a month-to-month. So, the new management company is bound by the failure of the former landlord to meet its obligations to present you with a one year lease. // Having said that, you can't have it both ways. If you elect to treat your current tenancy as having been extended for one year, you would breach that lease if you left in November e.g. and the landlord would be entitled to the rent through March. So, be careful and consider having a lawyer look over anything that the landlord wants you to sign.

I handle matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/06/15, 10:11 pm


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